Search Our Site

Corporate Matters

Terms of Use

HCR ManorCare Terms of Use

Last Updated: May 1, 2018

These Terms of Use are a legally binding contract between you and HCR Healthcare, LLC on behalf of itself and its current, future, and former affiliated companies (“we, “us,” “HCR ManorCare”)(collectively, the “Parties”) regarding your use of HCR ManorCare’s websites and mobile applications (the “Sites”).

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY USING THE SITES OR CLICKING TO ACCEPT THE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE HCR ManorCare PRIVACY POLICY (TOGETHER, THE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Sites.

Voluntary Agreement to Arbitrate Disputes . The Parties agree that they will mutually benefit from the speedy and efficient resolution of any dispute or controversy which may arise between them. These Terms include an agreement to have all disputes in connection with these Terms resolved through binding arbitration by an independent neutral Arbitrator or panel of Arbitrators who will be selected by the Parties as specified in these Terms.

THE PARTIES AGREE THAT THEY ARE WAIVING THE RIGHT TO TRIAL BY JURY. ANY CIVIL DISPUTES YOU HAVE WITH HCR ManorCare Entities (DEFINED BELOW) AND THAT HCR MANORCARE HAS WITH YOU IN CONNECTION WITH THESE TERMS WILL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. Your claims cannot be brought as a class action, to the fullest extent permitted under applicable law. Please review Section 21 (“Dispute Resolution and Arbitration”) of these Terms for the details regarding your agreement to arbitrate any disputes with HCR ManorCare.

The Sites Overview. The Sites are intended to provide informational content about our services and locations and general healthcare and lifestyle topics (via our blog). You may not access or use the Sites for any other purpose. You are solely responsible for any information, images, videos, or other content or materials you upload to or transmit through the Sites (“Communications Data”).

THE SITES ARE NOT DESIGNED OR INTENDED FOR USE IN EMERGENCY SITUATIONS. EMERGENCIES AND URGENT QUESTIONS SHOULD BE DIRECTED IMMEDIATELY TO QUALIFIED PROFESSIONALS (E.G., IN THE UNITED STATES, CALL 911 AND/OR VISIT AN URGENT CARE CENTER). THE SITES ARE NOT INTENDED TO DIAGNOSE OR TREAT ANY MEDICAL CONDITION OR AUTOMATICALLY ALERT YOUR PHYSICIAN, HEALTHCARE PROVIDERS, OR EMERGENCY SERVICES TO POTENTIALLY SERIOUS MEDICAL CONDITIONS.

HCR MANORCARE DOES NOT PROVIDE MEDICAL CARE OR ADVICE ON THE SITES. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER, WHETHER OR NOT YOU HAVE USED THE SITES. YOUR USE OF THE SITES IS SOLELY AT YOUR OWN RISK.

Permission for Communications and Call Recording. By submitting your contact information to us, you expressly consent and agree to accept and receive electronic and other communications from us, including via e-mail and calls to the telephone number or email address you provided to us, as further described in our Privacy Policy. You consent to receive autodialed, artificial, and/or prerecorded informational and marketing calls from us and our affiliates (and our service providers on our behalf) at the telephone number that you have provided to us even if that number is on a National or State Do Not Call List so that we can provide our services to you, respond to your requests, or enforce these Terms. You are not required to provide your consent to these calls as a condition of purchase on the Sites. Standard telephone minute charges may apply.

We may, without further notice or warning and in our discretion, monitor or record telephone conversations that we have with you or anyone acting on your behalf for quality control and training purposes and to protect our rights. We may, without further notice or warning, and in our discretion, access, store, use, and disclose the messages, call transcripts, and data about the calls/messages for our business purposes, including to provide and improve customer service and the Sites, fraud prevention, and to identify violations of these Terms.

Eligibility. You must be at least 18 years old to use the Sites. By agreeing to these Terms, you represent and warrant to us that: (a) you are an individual who is at least 18 years old living in the United States; (b) you have not previously been suspended or removed from the Sites; (c) your use of the Sites is in compliance with all applicable laws and regulations; and (d) you have read and agree to our Privacy Policy, as further described in Section 10 below. If you are under the age of 18 and not an emancipated minor or its equivalent under applicable law, then you represent and warrant that you have obtained the consent of your parent or legal guardian to use the Sites.

Location Based Services. Some of the features of the Sites may enable HCR ManorCare to access your geo-location in order to tailor your experience with the Sites based on your location (“Location-based Services”). In order to use certain Location-based Services, you may be asked to enable certain features of your mobile phone or web browser, which enable HCR ManorCare to identify your location through a variety of means, including GPS location, IP address, or cellular, Wi-Fi, or Bluetooth signals, as available. If you choose to disable any Location-based Services on your device, you may not be able to utilize certain features of the Sites. By enabling Location-based Services, you agree and acknowledge that: (i) device data we collect from you is directly relevant to your use of the Sites; (ii) HCR ManorCare may provide Location-based Services related to and based on your then-current location; and (iii) HCR ManorCare may use any such information collected in connection with provision of the Sites.

Licenses

Limited License. Subject to your ongoing compliance with these Terms, HCR ManorCare grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (i) install the mobile application(s) associated with the Sites, and use such mobile applications so installed, solely in object code format, and solely for your personal, non-commercial use for lawful purposes, on devices that you own or control, and (ii) access and use the Sites for your personal, non-commercial use for lawful purposes.

License Restrictions. Except and solely to the extent permitted by applicable law notwithstanding these restrictions, you may not: (i) reproduce, distribute, publicly display, or publicly perform the Sites or any part thereof; (ii) reverse engineer, decompile, or make modifications to the Sites or any part thereof; or (iii) interfere with or circumvent any feature of the Sites or any part thereof, including any security or access control mechanism. If you are prohibited under applicable law from using the Sites, you may not use it.

Open Source Software. The Sites may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open Source Components”). Although the Sites are provided to you subject to these Terms, nothing in these Terms will be deemed to prevent, restrict, or otherwise prevent or restrict you from obtaining such Open Source Components under the applicable third-party licenses or to limit your use of such Open Source Components thereunder.

Notifications and Automatic Alerts. Under some circumstances, HCR ManorCare may present you with notifications, prompts with links to additional information, or suggested actions based on HCR ManorCare’s analysis of your Communications Data and other information you have provided to HCR ManorCare. HCR ManorCare makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of any notifications. You accept that any reliance on these notifications will be at your own risk, and HCR ManorCare disclaims all liability arising from your use of them or reliance upon them.

Prohibited Conduct. BY USING THE SITES YOU AGREE NOT TO:

use or access the Sites (a) from a jurisdiction where such use or access is not authorized, (b) for any illegal purpose, or (c) in violation of any local, state, national, or international law;

conduct activities that may be harmful to others or that could damage HCR ManorCare’s reputation;

violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right, or violating any third party privacy right;

post, upload, or distribute marketing or advertising links or content, or any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

use scrapers, robots, or other data gathering devices not provided by HCR ManorCare on or through the Sites;

interfere with security-related features of the Sites, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Sites, including the app(s), except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;

interfere with the operation of the Sites or any user’s enjoyment of the Sites, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another visitor of the Sites; (c) attempting to collect personal information, Communications Data, or other information about another user or third party without their consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Sites, or violating any regulation, policy, or procedure of any such network, equipment, or server;

perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or accreditation;

modify, translate, or create derivative works, adaptations or compilations of, or based on, the Sites or part thereof, or use, copy or reproduce the Sites or any part thereof other than as expressly permitted in these Terms;

assign, sublicense, lease, sell, grant a security interest in, or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 12 of these Terms) or any right or ability to view, access, or use any Material; or

attempt to do any of the acts described in this Section 7, or assist or permit any person in engaging in any of the acts described in this Section 7.

Third-Party Services and Linked Websites. The Sites may also contain links to third-party websites, such as a payment processing vendor. Linked websites are not under our control, and we are not responsible for their content.

Termination of Use;Discontinuation and Modification of the Sites. If you violate any provision of these Terms, your permission from us to use the Sites will terminate automatically. In addition, HCR ManorCare may in its sole discretion suspend or terminate your access to the Sites at any time if you violate any provision of these Terms, if we no longer provide any part of the Sites, or for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Sites at any time (including by limiting or discontinuing certain features of the Sites), temporarily or permanently, without notice to you. To the fullest extent permitted under applicable law, we will have no liability whatsoever on account of any change to the Sites or any suspension or termination of your access to or use of the Sites. Upon the termination of this agreement or any aspect of the Sites for any reason, HCR ManorCare may at its option delete any data you submitted through the Sites.

Privacy Policy; Additional Terms

Privacy Policy. Please read the HCR ManorCare Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The HCR ManorCare Privacy Policy is incorporated by this reference into, and made a part of, these Terms. You explicitly consent to the collection, hosting, use, disclosure and other processing or handling of your personal information (including sharing data with third party providers) as described in the HCR ManorCare Privacy Policy.

Additional Terms. Your use of the Sites is subject to all additional terms, policies, rules, or guidelines applicable to the Sites or certain features of the Sites that we may post on or link to from the Sites (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, our informed consent forms, if applicable, or rules that are applicable to a particular feature or content on the Sites, subject to Section 11 of these Terms. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we will notify you of the modified Terms by email to the address you provided in your user profile and/or in a notification on the Sites. Material modifications will be effective upon your acceptance of such modified Terms or upon your continued use of the Sites after we send or post our notification of the changes, whichever is earlier. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

Ownership; Proprietary Rights. The Sites are owned and operated by HCR ManorCare. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Sites (“Materials”) provided by HCR ManorCare are protected by intellectual property and other laws. All Materials included in the Sites are the property of HCR ManorCare or our third-party licensors. Except as expressly authorized by HCR ManorCare, you may not make use of the Materials. HCR ManorCare reserves all rights to the Materials not granted expressly in these Terms.

Subcontractors. You hereby consent to HCR ManorCare’s engagement of third parties (including HCR ManorCare’s affiliates) to perform, provide, or support the performance or provision of, all or any portion of the Sites.

Feedback. After you have received services through the Sites, you may have the opportunity to rate your experience and leave additional feedback. If you choose to provide input or suggestions regarding your experience with the Sites or proposed modifications or improvements to HCR ManorCare (“Feedback”), then you hereby grant HCR ManorCare an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose, including to improve the Sites and create other products and services.

Indemnity. To the fullest extent permitted under applicable law, you are responsible for your use of the Sites, and you will defend and indemnify HCR ManorCare and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “HCR ManorCare Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Sites; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any dispute or issue between you and any third party; and (e) all claims arising from or alleging fraud, intentional misconduct, criminal acts, or gross negligence committed by you. To the fullest extent permitted under applicable law, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

Disclaimers; No Warranties THE SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE HCR MANORCARE ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (C) ANY WARRANTY AS TO WHETHER THE COMMUNICATIONS DATA OR OTHER INFORMATION AVAILABLE THROUGH OR TRANSMITTED BY THE Sites OR THROUGH THE Sites IS TRUE, COMPLETE OR ACCURATE. THE HCR ManorCare ENTITIES DO NOT WARRANT THAT THE SITES OR ANY PORTION OF THE SITES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITES WILL CREATE ANY WARRANTY REGARDING ANY OF THE HCR ManorCare ENTITIES OR THE SITES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO THE SITES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SITES AND ANY ASSOCIATED SITES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF the Sites OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Limitation of Liability IN NO EVENT WILL THE HCR MANORCARE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO these terms OR YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITES OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY HCR ManorCare ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

THE AGGREGATE LIABILITY OF THE HCR MANORCARE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO these terms OR YOUR USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Force Majeure. To the fullest extent permitted under applicable law, HCR ManorCare will be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. For purposes of this section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (3) quarantines or embargoes, (4) labor strikes; (4) telecommunications, network, computer, server or Internet disruption or downtime; (5) unauthorized access to HCR ManorCare’s information technology systems by third parties; or (6) other causes beyond the reasonable control of HCR ManorCare.

Governing Law and Venue. These Terms are governed by the laws of the State of Ohio without regard to conflict of laws principles. If a lawsuit or court proceeding is permitted under these Terms, then you and HCR ManorCare agree to submit to the exclusive jurisdiction of the state courts and federal courts located within Lucas County, Ohio for the purpose of litigating any dispute, and you hereby consent to the personal jurisdiction and venue thereof. We operate the Sites from our offices in the United States, and we make no representation that Materials included in the Sites are appropriate or available for use in other locations.

General. These Terms, together with the HCR ManorCare Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and HCR ManorCare regarding your use of the Sites. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all Parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 2, 4, and 6 through 22, along with the HCR ManorCare Privacy Policy and any other accompanying agreements, will survive.

No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE TO BRING ANY AND ALL CLAIMS IN CONNECTION WITH THESE TERMS AGAINST HCR HCR MANORCARE Entities AND HCR MANORCARE AGREES TO BRING ANY AND ALL CLAIMS IN CONNECTION WITH THESE TERMS AGAINST YOU ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless all of the Arbitration Parties (defined below) agree otherwise, the Arbitrator (defined below) may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Arbitration Demand. Arbitration is initiated by sending a written demand (“Demand”) to the other party(ies) by certified mail or commercial overnight delivery (e.g., FedEx or UPS.). All parties named in such Demand are the “Arbitration Parties.” A Demand must identify the issues in dispute and the amount claimed. All claims based in whole or in part on the same incidents or admissions covered by these Terms must be included in the Demand or otherwise be deemed waived upon the conclusion of the arbitration. A claim is barred if not asserted in a Demand within the limitation period prescribed by these Terms. If a Demand is issued to any HCR ManorCare Entities, a copy must also be sent by certified mail or commercial overnight delivery to: HCR ManorCare, Legal Department, 333 North Summit Street, Toledo, Ohio 43604. You agree that HCR ManorCare may assume responsibility for handling the dispute on behalf of any and all HCR ManorCare Entities involved in the dispute.

Selection of Arbitrator. After a proper Demand is made, the Arbitration Parties will work cooperatively to select an arbitrator. If the Arbitration Parties cannot agree upon an arbitrator, each of the Arbitration Parties will, within thirty days after the receipt of the Demand, appoint a representative, and these two representatives will select a third arbitrator to comprise a panel of three arbitrators to hear the dispute. The arbitrator and/or panel of three are collectively referred to as “Arbitrator.” If one of the Arbitration Parties fails to respond to a Demand or name a representative, the other party may either: (i) select the Arbitrator from the panel of neutrals of any commercial arbitration service operating within Ohio, or (ii) ask a court to appoint a representative to assist in the selection of the Arbitrator.

Arbitrator’s Authority. The Arbitrator has the sole jurisdiction to resolve all disputes in connection with these Terms among the Arbitration Parties, any disputes about the signing, validity, enforceability, scope, applicability, interpretation, severability and waiver of these Terms or competency of the Arbitration Parties. The Arbitrator does not have jurisdiction to certify any person as a representative of a class of persons and, by doing so, hear claims of persons not directly taking part in arbitration.

Scheduling Order and Hearing. With the input of the Arbitration Parties, the Arbitrator will enter a scheduling order in keeping with arbitration being a streamlined process with expedited and limited discovery. Unless the Arbitration Parties consent or the Arbitrator otherwise orders, the hearing must occur within 180 days after selection of the Arbitrator. Unless the Arbitration Parties otherwise agree, the Arbitrator will conduct the arbitration hearing in Toledo, Ohio.

Refusal to Participate. In the event that any of the Arbitration Parties refuses to respond to a Demand or participate in arbitration, the party making the Demand may proceed with arbitration and obtain an award or a default award against the non-participating party.

Counsel and Attorneys’ Fees. Each of the Arbitration Parties may be represented by its own counsel in the arbitration, and the HCR ManorCare Entities involved in the arbitration may all be represented together as a single party. Each of the Arbitration Parties agrees to bear its own attorneys’ fees and costs, unless otherwise specifically awarded by the Arbitrator under state or federal law. HCR ManorCare may bear the fees and costs with respect to all of the HCR ManorCare Entities involved in the arbitration.

Arbitration Fees. You and HCR ManorCare agree to each pay 50% of the fees of the Arbitrator.

Decision. The Arbitrator must make written findings on each matter in controversy. The decision must be marked “confidential,” must state the Arbitrator’s findings of fact and conclusions of law, and must be signed. Unless preempted by the FAA, the Arbitrator will apply Ohio law. If any damages are awarded, the decision must specify an amount for each type of damages awarded. If the arbitration is being conducted by a panel, the decision of the panel must be unanimous, and must be served no later than seven working days after the arbitration hearing.

Confidentiality. All proceedings and materials related to the arbitration including all depositions, documents, and other materials are confidential. All originals and copies of documents exchanged during discovery and the arbitration hearing must be returned to the producing party within 30 days following receipt of the Arbitrator’s decision.

Claims. To the fullest extent permitted under applicable law, no action arising out of, in connection with, or relating to these Terms shall be brought by you more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written consent of both Parties. All statutes or provisions of law which would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph, to the fullest extent permitted under applicable law.

Consent to Electronic Communications. By using the Sites, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. Your carrier may charge standard data and other fees, and you are responsible for those charges.

Contact Information. You may contact us by emailing us at info@hcr-manorcare.com, or writing to us at HCR ManorCare, P.O. Box 10086, Toledo, OH 43699-0086.

Consumer Protection Notice. Please note that, if you are a consumer, the limitations in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence.

New Jersey. If you are a New Jersey consumer, the terms of Sections 2, 5, 6, 7, 8, 9, 11, 15, 16, 17, 19, and 22 do not limit or waive your rights under New Jersey law and the limitations in these Terms are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. Subject to the foregoing, we reserve all rights, defenses, and permissible limitations under the laws of the State of New Jersey and under the laws of your state of residence. Nothing in this Section shall modify Section 21 (“Dispute Resolution and Arbitration”).

California. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Sites or to receive further information regarding use of the Sites.